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Missouri abortion-rights measures face ‘torturous’ road to 2024

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Pulling off a successful ballot initiative campaign in Missouri is an undertaking so difficult that one Democratic political consultant compares it to skiing the slalom at the Olympics.There is a laundry list of deadlines to meet, an army of signature gatherers to hire, a host of legal battles to fight — all with a price tag that can quickly cost millions.“You’re going downhill at a very fast rate of speed,” said Jack Cardetti, who helped run a number of successful initiative petition campaigns in recent years. “You have to make decisions very quickly. And no matter how well you’re seeing, if you miss a single gate, you’re out, you’re disqualified.”Two coalitions are hoping to put abortion on the 2024 ballot in Missouri, where virtually all abortions are illegal. The issue has proven to be a big winner on the ballot in numerous states this year, giving supporters hope Missouri will be next.But both groups face the same question: Is there enough time and money to get their initiatives off the ground?The initiative petitionsIn mid-November, Jamie Corley, a longtime GOP Congressional staffer, launched a campaign effort for an initiative petition that would add rape and incest exceptions to Missouri’s abortion ban and legalize the procedure up to 12 weeks.Volunteers are already in the field collecting signatures, Corley said last week. She plans to start recruiting paid signature gatherers before the end of the year.The path forward for the other coalition, called Missourians for Constitutional Freedom, is less certain. The group filed 11 initiative petitions earlier this year seeking to amend Missouri’s constitution to overturn the state’s abortion ban with limited room for lawmakers to regulate the procedure after viability.Exactly which organizations are involved in Missourians for Constitutional Freedom is unclear. The only entity publicly connected to the campaign at the moment is the ACLU of Missouri, which represented the coalition in its court fight with Secretary of State Jay Ashcroft over ballot summaries.The Missouri ACLU’s deputy director for policy and campaigns, Tori Schafer, said in an emailed statement that the coalition “wants to restore access in a meaningful way, and in order to do that MCF needs to win at the ballot box and have a huge amount of support and resources to do it.”

Carlos Moreno

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KCUR 89.3 Hundreds crammed into Mill Creek Park in June 2022 to listen to protest the Supreme Court’s decision to dismantle Roe v. Wade.

Just before Thanksgiving,the coalition won its legal battle with Ashcroft, allowing it to move ahead with signature gathering — though a decision still hasn’t been made about which of the 11 proposals to move forward. Most would limit lawmakers’ ability to regulate the procedure after viability.“Any campaign that would move forward is left to contend with a myriad of challenges, including a severely constricted timeline,” said Mallory Schwarz, executive director of Abortion Action Missouri, formerly known as Pro Choice Missouri. “At the same time there is incredible opportunity and there’s hope here because we continue to see abortion rights and access remain a top priority for voters across the country.”Schwarz, who declined to comment on whether her organization is part of Missourians for Constitutional Freedom, believes an abortion ballot measure that provides “true abortion access” would be the most expensive initiative petition campaign Missouri has ever seen.“I am hopeful that something moves forward,” Schwarz said. “In all the years that I’ve been working as an abortion rights advocate, I’ve never seen the level of enthusiasm and anger and commitment to fighting for what Missourians deserve.”The ‘torturous’ initiative petition processSince the pandemic, the only initiative petition to successfully land on the ballot was marijuana legalization, Cardetti said. In that time, hundreds of other attempts to amend the constitution failed to get off the ground.Missouri law requires petitioners hoping to amend the state constitution through the statewide ballot to collect more than 171,000 signatures from registered Missouri voters by May, but Cardetti said realistically, campaigns should be gathering at least 130,000 more to compensate for signatures that ultimately won’t be valid.He said this “daunting task” also requires that signatures be collected in six of Missouri’s eight congressional districts, an endeavor he said typically costs several million dollars.In the past five years, Cardetti has worked on three successful ballot initiatives in Missouri, including Medicaid expansion and marijuana legalization. He said the time and cost of getting signatures is mammoth.Cardetti is not involved with any of the abortion initiative petitions.“Even if you have enough voters out there willing to sign the petition to get it on the ballot, you have to physically have people out there collecting those signatures each and every day, seven days a week,” Cardetti said.John Hancock, a longtime Republican consultant and former state lawmaker, points to a labor shortage since the pandemic and the increasing costs of recruiting paid signature gatherers as a major hurdle for any initiative petition campaign. He is not involved in the abortion initiative petitions.“It’s just become a more torturous process,” Hancock said.

Brian Munoz

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St. Louis Public RadioMissouri Secretary of State Jay Ashcroft speaks in January 2023 at the sate capitol in Jefferson City.

The cost of a successful campaignLast year in Michigan, an abortion-rights coalition spent more than $30 millionon a ballot initiative campaign that voters ultimately backed.This year in Ohio, in October alone, nearly $29 million was donated to the campaign supporting a ballot measure to enshrine abortion rights in that state’s constitution. The measure ultimately won.Cardetti said high dollar donations can be a sign of success as a campaign progresses.Corley’s PAC, called the Missouri Women and Family Research Fund, won’t file its first quarterly report with the state ethics commission until January and has yet to report any large donations that would need to be immediately disclosed.While Missourians for Constitutional Freedom has not officially launched a campaign yet, so far it has raised just shy of $13,500 – mostly from in-kind donations from the ACLU of Missouri to cover the costs of legal representation.As of Oct. 1, the group reported having only $28 cash on hand and has reported no large donations since.Cardetti doesn’t recommend waiting much past January to get a campaign off the ground, especially one that requires significant financial backing.The PAC supporting recreational marijuana legalization in 2022 launched in January and only had five months to collect signatures, Cardetti said, but it went into the campaign with a warchest of more than $1.1 million.In total, the cannabis legalization effort cost more than $9.7 million.“If you don’t see those type of contributions coming in, or those types of expenditures going out, it’s a pretty good indication that it’s not an effort that’s going to be successful,” he said.Better Elections, which sought to place a ranked-choice voting initiative on the 2022 ballot, fell short of the total signatures needed despite raising millions of dollars.In January 2022, Better Elections had nearly $930,000 cash on hand and had raised $2.4 million. By May, the group raised $6.8 million.Another initiative petition seeking to make the 2024 ballot is the Jobs with Justice Ballot Fund. As of its October quarterly report, the group had $16,500 cash on hand to support an initiative that would increase minimum wage and require employers offer paid sick leave.Since the October quarterly report, the PAC set up to support the minimum wage and paid sick leave initiative — called Missourians for Healthy Families and Fair Wages — has raised more than $500,000 in large contributions. That includes $41,000 from Abortion Action Missouri.Planned Parenthood has not taken a public position on any of the abortion initiative petitions, but continues to advocate for “meaningful access.”Vanessa Wellbery, vice president of policy and advocacy at Advocates of Planned Parenthood of the St. Louis region and Southwest Missouri, said they are still considering what investment and tactics would help build legal and unimpeded access to abortion, which she said will be a costly endeavor.“We are prepared, even if it takes many years, to hold those anti-abortion extremists accountable to the harm that they have done to Missourians,” Wellbery said. “Particularly the folks who face the most barriers to care and who are the most marginalized.”Cardetti said if both coalitions are ultimately successful in getting abortion on the ballot next year, it could be “less than ideal” for the campaigns, “but it’s not fatal.”“What you worry about though, is there’s some confusion and voters just sort of throw up their hands and say, ‘I don’t know. Let’s just vote both of these down and they’ll come back with a better one,’” he said. “That’s the situation you want to avoid.”This story was originally published by the Missouri Independent, part of the States Newsroom.

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Poll: Support for Missouri abortion rights amendment growing

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A proposed constitutional amendment legalizing abortion in Missouri received support from more than half of respondents in a new poll from St. Louis University and YouGov.That’s a boost from a poll earlier this year, which could mean what’s known as Amendment 3 is in a solid position to pass in November.SLU/YouGov’s poll of 900 likely Missouri voters from Aug. 8-16 found that 52% of respondents would vote for Amendment 3, which would place constitutional protections for abortion up to fetal viability. Thirty-four percent would vote against the measure, while 14% aren’t sure.By comparison, the SLU/YouGov poll from February found that 44% of voters would back the abortion legalization amendment.St. Louis University political science professor Steven Rogers said 32% of Republicans and 53% of independents would vote for the amendment. That’s in addition to nearly 80% of Democratic respondents who would approve the measure. In the previous poll, 24% of Republicans supported the amendment.Rogers noted that neither Amendment 3 nor a separate ballot item raising the state’s minimum wage is helping Democratic candidates. GOP contenders for U.S. Senate, governor, lieutenant governor, treasurer and secretary of state all hold comfortable leads.“We are seeing this kind of crossover voting, a little bit, where there are voters who are basically saying, ‘I am going to the polls and I’m going to support a Republican candidate, but I’m also going to go to the polls and then I’m also going to try to expand abortion access and then raise the minimum wage,’” Rogers said.Republican gubernatorial nominee Mike Kehoe has a 51%-41% lead over Democrat Crystal Quade. And U.S. Sen. Josh Hawley is leading Democrat Lucas Kunce by 53% to 42%. Some GOP candidates for attorney general, secretary of state and treasurer have even larger leads over their Democratic rivals.

Brian Munoz

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St. Louis Public RadioHundreds of demonstrators pack into a parking lot at Planned Parenthood of St. Louis and Southwest Missouri on June 24, 2022, during a demonstration following the Supreme Court’s reversal of a case that guaranteed the constitutional right to an abortion.

One of the biggest challenges for foes of Amendment 3 could be financial.Typically, Missouri ballot initiatives with well-funded and well-organized campaigns have a better chance of passing — especially if the opposition is underfunded and disorganized. Since the end of July, the campaign committee formed to pass Amendment 3 received more than $3 million in donations of $5,000 or more.That money could be used for television advertisements to improve the proposal’s standing further, Rogers said, as well as point out that Missouri’s current abortion ban doesn’t allow the procedure in the case of rape or incest.“Meanwhile, the anti side won’t have those resources to kind of try to make that counter argument as strongly, and they don’t have public opinion as strongly on their side,” Rogers said.There is precedent of a well-funded initiative almost failing due to opposition from socially conservative voters.In 2006, a measure providing constitutional protections for embryonic stem cell research nearly failed — even though a campaign committee aimed at passing it had a commanding financial advantage.Former state Sen. Bob Onder was part of the opposition campaign to that measure. He said earlier this month it is possible to create a similar dynamic in 2024 against Amendment 3, if social conservatives who oppose abortion rights can band together.“This is not about reproductive rights or care for miscarriages or IVF or anything else,” said Onder, the GOP nominee for Missouri’s 3rd Congressional District seat. “Missourians will learn that out-of-state special interests and dark money from out of state is lying to them and they will reject this amendment.”Quade said earlier this month that Missourians of all political ideologies are ready to roll back the state’s abortion ban.“Regardless of political party, we hear from folks who are tired of politicians being in their doctor’s offices,” Quade said. “They want politicians to mind their own business. So this is going to excite folks all across the political spectrum.”

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Democrat Mark Osmack makes his case for Missouri treasurer

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Mark Osmack has been out of the electoral fray for awhile, but he never completely abandoned his passion for Missouri politics.Osmack, a Valley Park native and U.S. Army veteran, previously ran for Missouri’s 2nd Congressional District seat and for state Senate. Now he’s the Democratic nominee for state treasurer after receiving a phone call from Missouri Democratic Party Chairman Russ Carnahan asking him to run.“There’s a lot of decision making and processing and evaluation that goes into it, which is something I am very passionate and interested in,” Osmack said this week on an episode of Politically Speaking.Osmack is squaring off against state Treasurer Vivek Malek, who was able to easily win a crowded GOP primary against several veteran lawmakers including House Budget Chairman Cody Smith and state Sen. Andrew Koenig.While Malek was able to attract big donations to his political action committee and pour his own money into the campaign, Osmack isn’t worried that he won’t be able to compete in November. Since Malek was appointed to his post, Osmack contends he hasn’t proven that he’s a formidable opponent in a general election.“His actions and his decision making so far in his roughly two year tenure in that office have been questionable,” Osmack said.Among other things, Osmack was critical of Malek for placing unclaimed property notices on video gaming machines which are usually found in gas stations or convenience stores. The legality of the machines has been questioned for some time.As Malek explained on his own episode of Politically Speaking, he wanted to make sure the unclaimed property program was as widely advertised as possible. But he acknowledged it was a mistake to put the decals close to the machines and ultimately decided to remove them.Osmack said: “This doesn’t even pass the common sense sniff test of, ‘Hey, should I put state stickers claiming you might have a billion dollars on a gambling machine that is not registered with the state of Missouri?’ If we’re gonna give kudos for him acknowledging the wrong thing, it never should have been done in the first place.”Osmack’s platform includes supporting programs providing school meals using Missouri agriculture products and making child care more accessible for the working class.He said the fact that Missouri has such a large surplus shows that it’s possible to create programs to make child care within reach for parents.“It is quite audacious for [Republicans] to brag about $8 billion, with a B, dollars in state surplus, while we offer next to no social services to include pre-K, daycare, or child care,” Osmack said.Here’s are some other topics Osmack discussed on the show:How he would handle managing the state’s pension systems and approving low-income housing tax credits. The state treasurer’s office is on boards overseeing both of those programs.Malek’s decision to cut off investments from Chinese companies. Osmack said that Missouri needs to be cautious about abandoning China as a business partner, especially since they’re a major consumer of the state’s agriculture products. “There’s a way to make this work where we are not supporting communist nations to the detriment of the United States or our allies, while also maintaining strong economic ties that benefit Missouri farmers,” he said.What it was like to witness the skirmish at the Missouri State Fair between U.S. Sen. Josh Hawley and Democratic challenger Lucas Kunce.Whether Kunce can get the support of influential groups like the Democratic Senatorial Campaign Committee, which often channels money and staff to states with competitive Senate elections.

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As Illinois receives praise for its cannabis equity efforts, stakeholders work on system’s flaws

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Medical marijuana patients can now purchase cannabis grown by small businesses as part of their allotment, Illinois’ top cannabis regulator said, but smaller, newly licensed cannabis growers are still seeking greater access to the state’s medical marijuana customers.Illinois legalized medicinal marijuana beginning in 2014, then legalized it for recreational use in 2020. While the 2020 law legalized cannabis use for any adult age 21 or older, it did not expand licensing for medical dispensaries.Patients can purchase marijuana as part of the medical cannabis program at dual-purpose dispensaries, which are licensed to serve both medical and recreational customers. But dual-purpose dispensaries are greatly outnumbered by dispensaries only licensed to sell recreationally, and there are no medical-only dispensaries in the state.As another part of the adult-use legalization law, lawmakers created a “craft grow” license category that was designed to give more opportunities to Illinoisans hoping to legally grow and sell marijuana. The smaller-scale grow operations were part of the 2020 law’s efforts to diversify the cannabis industry in Illinois.Prior to that, all cultivation centers in Illinois were large-scale operations dominated by large multi-state operators. The existing cultivators, mostly in operation since 2014, were allowed to grow recreational cannabis beginning in 2019.Until recently, dual-purpose dispensaries have been unsure as to whether craft-grown products, made by social equity licensees — those who have lived in a disproportionately impacted area or have been historically impacted by the war on drugs — can be sold medicinally as part of a patient’s medical allotment.Erin Johnson, the state’s cannabis regulation oversight officer, told Capitol News Illinois last month that her office has “been telling dispensaries, as they have been asking us” they can now sell craft-grown products to medical patients.“There was just a track and trace issue on our end, but never anything statutorily,” she said.

Dilpreet Raju

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Capitol News IllinoisThe graphic shows how cannabis grown in Illinois gets from cultivation centers to customers.

No notice has been posted, but Johnson’s verbal guidance comes almost two years after the first craft grow business went online in Illinois.It allows roughly 150,000 medical patients, who dispensary owners say are the most consistent purchasers of marijuana, to buy products made by social equity businesses without paying recreational taxes. However — even as more dispensaries open — the number available to medical patients has not increased since 2018, something the Cannabis Regulation Oversight Office “desperately” wants to see changed. Johnson said Illinois is a limited license state, meaning “there are caps on everything” to help control the relatively new market.Berwyn Thompkins, who operates two cannabis businesses, said the rules limited options for patients and small businesses.“It’s about access,” Thompkins said. “Why wouldn’t we want all the patients — which the (adult-use) program was initially built around — why wouldn’t we want them to have access? They should have access to any dispensary.”Customers with a medical marijuana card pay a 1% tax on all marijuana products, whereas recreational customers pay retail taxes between roughly 20 and 40% on a given cannabis product, when accounting for local taxes.While Illinois has received praise for its equity-focused cannabis law, including through an independent study that showed more people of color own cannabis licenses than in any other state, some industry operators say they’ve experienced many unnecessary hurdles getting their businesses up and running.The state, in fact, announced last month that it had opened its 100th social equity dispensary.But Steve Olson, purchasing manager at a pair of dispensaries (including one dual-purpose dispensary) near Rockford, said small specialty license holders have been left in the lurch since the first craft grower opened in October 2022.“You would think that this would be something they’re (the government) trying to help out these social equity companies with, but they’re putting handcuffs on them in so many different spots,” he said. “One of them being this medical thing.”Olson said he contacted state agencies, including the Department of Financial and Professional Regulation, months ago about whether craft products can be sold to medical patients at their retail tax rate, but only heard one response: “They all say it was an oversight.”This potentially hurt social equity companies because they sell wholesale to dispensaries and may have been missing out on a consistent customer base through those medical dispensaries.Olson said the state’s attempts to provide licensees with a path to a successful business over the years, such as with corrective lotteries that granted more social equity licenses, have come up short.“It’s like they almost set up the social equity thing to fail so the big guys could come in and swoop up all these licenses,” Olson said. “I hate to feel like that but, if you look at it, it’s pretty black and white.”Olson said craft companies benefit from any type of retail sale.“If we sell it to medical patients or not, it’s a matter of, ‘Are we collecting the proper taxes?’ That’s all it is,” he said.State revenue from cannabis taxes, licensing costs and other fees goes into the Cannabis Regulation Fund, which is used to fund a host of programs, including cannabis offense expungement, the general revenue fund, and the R3 campaign aiming to uplift disinvested communities.For fiscal year 2024, nearly $256 million was paid out from Cannabis Regulation Fund for related initiatives, which includes almost $89 million transferred to the state’s general revenue fund and more than $20 million distributed to local governments, according to the Illinois Department of Revenue.Medical access still limitedThe state’s 55 medical dispensaries that predate the 2020 legalization law, mostly owned by publicly traded multistate operators that had been operating in Illinois since 2014 under the state’s medical marijuana program, were automatically granted a right to licenses to sell recreationally in January 2020. That gave them a dual-purpose license that no new entrants into the market can receive under current law.Since expanding their clientele in 2020, Illinois dispensaries have sold more than $6 billion worth of cannabis products through recreational transactions alone.Nearly two-thirds of dispensaries licensed to sell to medical patients are in the northeast counties of Cook, DuPage, Kane, Lake and Will. Dual-purpose dispensaries only represent about 20 percent of the state’s dispensaries.While the state began offering recreational dispensary licenses since the adult-use legalization law passed, it has not granted a new medical dispensary license since 2018. That has allowed the established players to continue to corner the market on the state’s nearly 150,000 medical marijuana patients.But social equity licensees and advocates say there are more ways to level the playing field, including expanding access to medical sales.Johnson, who became the state’s top cannabis regulator in late 2022, expressed hope for movement during the fall veto session on House Bill 2911, which would expand medical access to all Illinois dispensaries.“We would like every single dispensary in Illinois to be able to serve medical patients,” Johnson said. “It’s something that medical patients have been asking for, for years.”Johnson said the bill would benefit patients and small businesses.“It’s something we desperately want to happen as a state system, because we want to make sure that medical patients are able to easily access what they need,” she said. “We also think it’s good for our social equity dispensaries, as they’re opening, to be able to serve medical patients.”Rep. Bob Morgan, D-Deerfield, who was the first statewide project coordinator for Illinois’ medical cannabis program prior to joining the legislature, wrote in an email to Capitol News Illinois that the state needs to be doing more for its patients.“Illinois is failing the state’s 150,000 medical cannabis patients with debilitating conditions. Too many are still denied the patient protections they deserve, including access to their medicine,” Morgan wrote, adding he would continue to work with stakeholders on further legislation.Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of newspapers, radio and TV stations statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.

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